Christal H. v. Super. Ct. CA2/4

INTRODUCTION

Following a review hearing conducted pursuant to Welfare and Institutions Code section 366.22,1 the juvenile court ordered that a hearing be held on April 8, 2013, pursuant to section 366.26, to develop a permanent plan for the dependent minors Anthony H., Josiah H., and G. H. Their mother, Christal H., petitioned for a writ of mandate to compel the juvenile court to vacate its orders, contending the court did not have before it substantial evidence that she failed to make substantive progress in her case plan or that it would be detrimental to return the children to her care. Review by extraordinary writ is the remedy provided in section 366.26, subdivision (l) and rule 8.452, California Rules of Court. Real party in interest the Los Angeles County Department of Children and Family Services (DCFS) filed an answer to the petition. We deny the petition.

FACTUAL AND PROCEDURAL BACKGROUND

Three-year-old Josiah H. (born in Nov. 2007) was taken to Chino Valley Hospital by Christal H. (Mother) because his eye was swollen and he was vomiting blood. His left eye socket was found to be fractured. As a result, San Bernardino Children and Family Services (SBCFS) received a…